IN THE SENATE OF THE UNITED STATES
March 12, 2013
Mr. Harkin(for himself andMr. Wicker) introduced the following bill; which was read twice and referred to theCommittee on Health, Education, Labor, and Pensions
To provide for the publication by the Secretary of Human Services of physical activity guidelines for Americans.
This Act may be cited as
Physical Activity Guidelines for
Physical activity guidelines for Americans
At least every 10 years, theSecretary of
Health and Human Services(in this section referred to as the
Secretary) shall publish a report entitled
Activity Guidelines for Americans. Each such report shall contain
physical activity information and guidelines for the general public, and shall
be promoted by each Federal agency in carrying out any Federal health program.
Not later than 5 years after the publication of the first such report, and
every 10 years thereafter, theSecretaryshall publish a report highlighting
the best practices and continuing issues in the physical activity arena, which
may focus on a particular group, subsection, or other division of the general
public or a particular issue relating to the physical activity of
Basis of guidelines
The information and guidelines contained in each report required underparagraph (1)shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared, and shall include guidelines for identified population subgroups, including children, if the preponderance of scientific and medical knowledge indicates those subgroups require different levels of physical activity.
Approval by Secretary
Any Federal agency that proposes to issue any physical activity guidance for the general population or identified population subgroups shall submit the text of such guidance to theSecretaryfor a 60-day review period.
Basis of review
During the 60-day review period established
inparagraph (1), theSecretaryshall review and approve or disapprove such
guidance to assure that the guidance either is consistent with the
Physical Activity Guidelines for Americansor that the guidance
is based on medical or new scientific knowledge which is determined to be valid
by theSecretary. If after such 60-day review period theSecretaryhas not
notified the proposing agency that such guidance has been disapproved, then
such guidance may be issued by the agency. If theSecretarydisapproves such
guidance, it shall be returned to the agency. If theSecretaryfinds that such
guidance is inconsistent with the
Physical Activity Guidelines for
Americansand so notifies the proposing agency, such agency shall
follow the procedures set forth in this subsection before disseminating such
proposal to the public in final form. If after such 60-day period, theSecretarydisapproves such guidance as inconsistent with the
Activity Guidelines for Americansthe proposing agency shall—
publish a notice in the Federal Register of the availability of the full text of the proposal and the preamble of such proposal which shall explain the basis and purpose for the proposed physical activity guidance;
provide in such notice for a public comment period of 30 days; and
make available for public inspection and copying during normal business hours any comment received by the agency during such comment period.
Review of comments
After review of comments received during the comment period, theSecretarymay approve for dissemination by the proposing agency a final version of such physical activity guidance along with an explanation of the basis and purpose for the final guidance which addresses significant and substantive comments as determined by the proposing agency.
Any such final physical activity guidance to be disseminated undersubparagraph (B)shall be announced in a notice published in the Federal Register, before public dissemination along with an address where copies may be obtained.
Notification of disapproval
If after the 30-day period for comment as provided undersubparagraph (A)(ii), theSecretarydisapproves a proposed physical activity guidance, theSecretaryshall notify the Federal agency submitting such guidance of such disapproval, and such guidance may not be issued, except as provided insubparagraph (E).
Review of disapproval
If a proposed physical activity guidance is disapproved by theSecretaryundersubparagraph (D), the Federal agency proposing such guidance may, within 15 days after receiving notification of such disapproval undersubparagraph (D), request theSecretaryto review such disapproval. Within 15 days after receiving a request for such a review, theSecretaryshall conduct such review. If, pursuant to such review, theSecretaryapproves such proposed physical activity guidance, such guidance may be issued by the Federal agency.
In this subsection:
The termphysical activity guidance for the general populationdoes not include any rule or regulation issued by a Federal agency.
The termidentified population subgroupsshall include, but not be limited to, groups based on factors such as age, sex, race, or physical disability.
Existing authority not affected
This section does not place any limitations on—
the conduct or support of any scientific or medical research by any Federal agency; or
the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency.